What is it about?
This paper is a comment to Article 17 of Regulation (EU) No. 650/2012, concerning lis pendens, that is, cases of concurrent proceedings pending before the courts of different Member States on the same cause of action and between the same parties in succession matters.
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Why is it important?
This paper highlights the problems which might occurr in the application of the lis pendens rule contained in Article 17 of Regulation (EU) No. 650/2012 in consideration of the peculiarities of actions in succession matters. While it must be acknowledged that the thrust of the rule replicates the well-known rule existing for the same purpose under the former Brussels I Regulation (Regulation (EC) No. 44/2001) concerning civil and commercial matters, it is regretful to note that the rule does not embody the refinements introduced to such rules under the almost contemporary Brussels I-bis Regulation (Regulation (EU) No. 1215/2012), most notably as concerns cases of concurrent proceedings pending before third country courts.
Perspectives
The problems generally raised by cases of lis pendens become probably more critical as concerns actions in succession matters, due to the great variety of such actions, reflecting the differences existing in substantive succession law. The European Succession Regulation replicates in this respect the standard lis pendens rule, replicated as such from the Brussels I model. It would have been preferable to adapt the model to the amendments introduced under the Brussels I bis Regulation, in order to ensure consistency in the rules applicable throughout the European judicial area in civil matters.
Prof. Fabrizio F Marongiu Buonaiuti
Universita degli Studi di Macerata
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This page is a summary of: Lis pendens, Cambridge University Press,
DOI: 10.1017/cbo9781316422311.019.
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